IN THE 1987 Constitution, the State is mandated to protect and promote the right of all

citizens to quality education at all levels and shall take appropriate steps to make education
accessible to all. In 1990, the Congressional Commission on Education (EDCOM) was
created by Congress to review and assess the Philippine education system.
And based on the EDCOM’s findings and recommendations, the tri-focalization of the
Philippine education system was executed through the creation of the Commission on
Higher Education (CHED) in 1994 through Republic Act 7722; the creation of Technical
Education and Skills Development Authority (TESDA) in 1994 through RA 7796; and the
transformation of the Department of Education, Culture and Sports (DECS) to the
Department of Education (DepEd) in 2001 through RA 9155.
The CHED covers both public and private higher education institutions (HEIs) as well as
degree-granting program post-secondary educational institutions. The TESDA covers the
technical-vocational education. And the DepEd covers the basic education.
These trifocal agencies in education convened the Philippine Education Summit to build
commitments, tackle the concerns of the education sector and solicit feedbacks and inputs
from the key stakeholders in education.
The trifocal agencies have 10 commitments to pursue:
-the effective, timely and efficient budget execution at all levels of education;
-the professional development and certification of faculty, teachers, trainers, learning
facilitators, assessors, and non-teaching personnel;
-the expansion and intensification of programs that promote access to education, such as,
the Alternative Learning Systems (ALS), the Expanded Tertiary Education Equivalency and
Accreditation Program (ETEEAP), and the full implementation of RA 106871 or the Unified
Student Financial Assistance System for Tertiary Education (UniFAST);
-the full implementation of the Philippine Qualification Framework (PQF); the promotion of
Science, Technology and Innovation and the strengthening of courses in the Arts, Culture,
and Humanities;
-the enhancement of the 21st Century Skills and Responsible Citizenship Education among
learners;
-the strengthening of collaboration among government, schools, and industry in the areas of
curriculum development, research, and extension, and student internships through
Government-Industry-Education Sector Council or consortium;
-the greater coordination and collaboration among the trifocal agencies, other government
agencies, local government, and non-government organizations in pursuit of education
goals;
-the improvement of trifocal agencies capacity for a data driven and evidence-based
education policies proactively shared with stakeholders; and
-the promotion of government and private sector partnerships to achieve quality and
sustainable learning at scale, at all levels and settings, through technology.
The increase in education budget at all levels was successfully sustained in 2017. The 2018
combined proposed budget of the trifocal agencies amounts to Php698.1 billion, or about
18.5% of the total proposed budget for the year.
The DepEd has reduced underspending in 2016 and reduced unreleased Maintenance and
Other Operation Expenses (MOOE) and Capital Outlay appropriations (CO) in 2017 versus
2016.
The CHED optimized the utilization of the grant funds by revising the guidelines for Student
Financial Assistance Programs (StuFAPs) and the K-12 Transition Program grants.
Furthermore, additional staff members were hired in the CHED Regional Offices to expedite
utilization of grant funds.
The trifocal agencies have made significant improvements to professional development and
certification processes. The DepEd’s National Educators Academy of the Philippines
(NEAP) established certified assessors and continuously offers development and leadership
programs for DepEd personnel, leaders, and managers.
The CHED, through the K-12 Transition Program, is supporting 9,302 faculty and staff with
scholarship or grants for graduate studies both locally and abroad. The Commission
targeted that by 2020, some 62% of faculty will have Master’s or Doctoral Degrees from
50% in 2015.

REPUBLIC ACT No. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS

THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Title. – This Act shall be known as the "Higher Education Act of 1994".

Section 2. Declaration of Policy. - The State shall protect, foster and promote the right of all
citizens to affordable quality education at all levels and shall take appropriate steps to ensure that
education shall be accessible to all. The State shall likewise ensure and protect academic freedom
and shall promote its exercise and observance for the continuing intellectual growth, the
advancement of learning and research, the development of responsible and effective leadership, the
education of high-level and middle-level professionals, and the enrichment of our historical and
cultural heritage.

State-supported institutions of higher learning shall gear their programs to national, regional or local
development plans. Finally, all institutions of higher learning shall exemplify through their physical
and natural surroundings the dignity and beauty of, as well as their pride in, the intellectual and
scholarly life.

Section 3. Creation of the Commission on Higher Education. - In pursuance of the above

mentioned policies, the Commission on Higher Education is hereby created, hereinafter referred to
as the Commission.
The Commission shall be independent and separate from the Department of Education, Culture and
Sports (DECS), and attached to the Office of the President for administrative purposes only. Its
coverage shall be both public and private institutions of higher education as well as degree-granting
programs in all post-secondary educational institutions, public and private.

Republic Act No. 9155

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC

EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING
THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS THE
DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Governance of Basic
Education Act of 2001.”

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and
promote the right of all citizens to quality basic education and to make such education
accessible to all by providing all Filipino children a free and compulsory education in the
elementary level and free education in the high school level. Such education shall also
include alternative learning systems for out-of-school youth and adult learners. It shall be
the goal of basic education to provide them with the skills, knowledge and values they
need to become caring, self- reliant, productive and patriotic citizens.

The school shall be the heart of the formal education system. It is where children learn.
Schools shall have a single aim of providing the best possible basic education for all
learners.

Governance of basic education shall begin at the national level. It is at the regions,
divisions, schools and learning centers — herein referred to as the field offices — where
the policy and principle for the governance of basic education shall be translated into
programs, projects and services developed, adapted and offered to fit local needs.

The State shall encourage local initiatives for improving the quality of basic education.
The State shall ensure that the values, needs and aspirations of a school community are
reflected in the program of education for the children, out-of-school youth and adult
learners. Schools and learning centers shall be empowered to make decisions on what
is best for the learners they serve.

SEC. 3. Purposes and Objectives. – The purposes and objectives of this Act are:

(a) To provide the framework for the governance of basic education which shall set the
general directions for educational policies and standards and establish authority,
accountability and responsibility for achieving higher learning outcomes;
(b) To define the roles and responsibilities of, and provide resources to, the field offices
which shall implement educational programs, projects and services in communities they
serve;

(c) To make schools and learning centers the most important vehicle for the teaching
and learning of national values and for developing in the Filipino learners love of country
and pride in its rich heritage;

(d) To ensure that schools and learning centers receive the kind of focused attention
they deserve and that educational programs, projects and services take into account the
interests of all members of the community;

(e) To enable the schools and learning centers to reflect the values of the community by
allowing teachers/learning facilitators and other staff to have the flexibility to serve the
needs of all learners;

(f) To encourage local initiatives for the improvement of schools and learning centers
and to provide the means by which these improvements may be achieved and sustained;
and

(g) To establish schools and learning centers as facilities where schoolchildren are able
to learn a range of core competencies prescribed for elementary and high school
education programs or where the out-of-school youth and adult learners are provided
alternative learning programs and receive accreditation for at least the equivalent of a
high school education.

Sec. 4. Definition of Terms. – For purposes of this Act, the terms or phrases used shall
mean or be understood as follows:

(a) Alternative Learning System – is a parallel learning system to provide a viable

alternative to the existing formal education instruction. It encompasses both the non-
formal and informal sources of knowledge and skills;

(b) Basic Education – is the education intended to meet basic learning needs which lays
the foundation on which subsequent learning can be based. It encompasses early
childhood, elementary and high school education as well as alternative learning systems
for out-of-school youth and adult learners and includes education for those with special
needs;

(c) Cluster of Schools – is a group of schools which are geographically contiguous and
brought together to improve the learning outcomes;

(d) Formal Education – is the systematic and deliberate process of hierarchically

structured and sequential learning corresponding to the general concept of elementary
and secondary level of schooling. At the end of each level, the learner needs a certification
in order to enter or advance to the next level;
(e) Informal Education – is a lifelong process of learning by which every person acquires
and accumulates knowledge, skills, attitudes and insights from daily experiences at home,
at work, at play and from life itself;

(f) Integrated Schools – is a school that offers a complete basic education in one school
site and has unified instructional programs;

(g) Learner – is any individual seeking basic literacy skills and functional life skills or
support services for the improvement of the quality of his/her life;

(h) Learning Center – is a physical space to house learning resources and facilities of a
learning program for out-of-school youth and adults. It is a venue for face-to-face learning
activities and other learning opportunities for community development and improvement
of the people’s quality of life;

(i) Learning Facilitator – is the key-learning support person who is responsible for
supervising/facilitating the learning process and activities of the learner;

(j) Non-Formal Education – is any organized, systematic educational activity carried

outside the framework of the formal system to provide selected types of learning to a
segment of the population;

(k) Quality Education – is the appropriateness, relevance and excellence of the education
given to meet the needs and aspirations of an individual and society;

(l) School – is an educational institution, private and public, undertaking educational

operation with a specific age-group of pupils or students pursuing defined studies at
defined levels, receiving instruction from teachers, usually located in a building or a group
of buildings in a particular physical or cyber site; and

(m) School Head – is a person responsible for the administrative and instructional
supervision of the school or cluster of schools.

CHAPTER 1

Governance of Basic Education

Sec. 5. Principles of Shared Governance. – (a) Shared governance is a principle which

recognizes that every unit in the education bureaucracy has a particular role, task and
responsibility inherent in the office and for which it is principally accountable for outcomes;

(b) The process of democratic consultation shall be observed in the decision-making

process at appropriate levels. Feedback mechanisms shall be established to ensure
coordination and open communication of the central office with the regional, division and
school levels;
(c) The principles of accountability and transparency shall be operationalized in the
performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow
of information and expand linkages with other government agencies, local government
units and nongovernmental organizations for effective governance;

Sec. 6. Governance. – The Department of Education, Culture and Sports shall henceforth
be called the Department of Education. It shall be vested with authority, accountability
and responsibility for ensuring access to, promoting equity in, and improving the quality
of basic education. Arts, culture and sports shall be as provided for in Sections 8 and 9
hereof.

Sec. 7. Powers, Duties and Functions. – The Secretary of the Department of Education
shall exercise overall authority and supervision over the operations of the Department.

A. National Level

In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:

(1) Formulating national educational policies;

(2) Formulating a national basic education plan;

(3) Promulgating national educational standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional competence, welfare and working
conditions of all personnel of the Department; and

(7) Enhancing the total development of learners through local and national programs
and/or projects.

The Secretary of Education shall be assisted by not more than four (4) undersecretaries
and not more than four (4) assistant secretaries whose assignments, duties and
responsibilities shall be governed by law. There shall be at least one undersecretary and
one assistant secretary who shall be career executive service officers chosen from among
the staff of the Department.

B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional office
shall have a director, an assistant director and an office staff for program promotion and
support, planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional
director shall have authority, accountability and responsibility for the following:

(1) Defining a regional educational policy framework which reflects the values, needs
and expectations of the communities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a view towards benchmarking for
international competitiveness;

(4) Monitoring, evaluating and assessing regional learning outcomes;

(5) Undertaking research projects and developing and managing regionwide projects
which may be funded through official development assistance and/or other funding
agencies;

(6) Ensuring strict compliance with prescribed national criteria for the recruitment,
selection and training of all staff in the region and divisions;

(7) Formulating, in coordination with the regional development council, the budget to
support the regional educational plan which shall take into account the educational plans
of the divisions and districts;

(8) Determining the organization component of the divisions and districts and approving
the proposed staffing pattern of all employees in the divisions and districts;

(9) Hiring, placing and evaluating all employees in the regional office, except for the
position of assistant director;

(10) Evaluating all schools division superintendents and assistant division

superintendents in the region;

(11) Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources of the regional office, including professional staff development;

(12) Managing the database and management information system of the region;

(13) Approving the establishment of public and private elementary and high schools and
learning centers; and

(14) Performing such other functions as may be assigned by proper authorities.

C. Division Level

A division shall consist of a province or a city which shall have a schools division
superintendent, at least one assistant schools division superintendent and an office staff
for programs promotion, planning, administrative, fiscal, legal, ancillary and other support
services.

Consistent with the national educational policies, plans and standards, the schools
division superintendents shall have authority, accountability and responsibility for the
following:

(1) Developing and implementing division education development plans;

(2) Planning and managing the effective and efficient use of all personnel, physical and
fiscal resources of the division, including professional staff development;

(3) Hiring, placing and evaluating all division supervisors and schools district supervisors
as well as all employees in the division, both teaching and non-teaching personnel,
including school heads, except for the assistant division superintendent;

(4) Monitoring the utilization of funds provided by the national government and the local
government units to the schools and learning centers;

(5) Ensuring compliance of quality standards for basic education programs and for this
purpose strengthening the role of division supervisors as subject area specialists;

(6) Promoting awareness of and adherence by all schools and learning centers to
accreditation standards prescribed by the Secretary of Education;

(7) Supervising the operations of all public and private elementary, secondary and
integrated schools, and learning centers; and

(8) Performing such other functions as may be assigned by proper authorities.

D. Schools District Level

Upon the recommendation of the schools division superintendents, the regional director
may establish additional schools district within a schools division. Schools districts
already existing at the time of the passage of this law shall be maintained. A schools
district shall have a schools district supervisor and an office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;
(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level

There shall be a school head for all public elementary schools and public high schools or
a cluster thereof. The establishment of integrated schools from existing public elementary
and public high schools shall be encouraged.

The school head, who may be assisted by an assistant school head, shall be both an
instructional leader and administrative manager. The school head shall form a team with
the school teachers/learning facilitators for delivery of quality educational programs,
projects and services. A core of non-teaching staff shall handle the school’s
administrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans and standards, the school heads
shall have authority, accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of the school;

(2) Creating an environment within the school that is conducive to teaching and learning;

(3) Implementing the school curriculum and being accountable for higher learning
outcomes;

(4) Developing the school education program and school improvement plan;

(5) Offering educational programs, projects and services which provide equitable
opportunities for all learners in the community;

(6) Introducing new and innovative modes of instruction to achieve higher learning
outcomes;

(7) Administering and managing all personnel, physical and fiscal resources of the
school;

(8) Recommending the staffing complement of the school based on its needs;

(9) Encouraging staff development;

(10) Establishing school and community networks and encouraging the active
participation of teachers organizations, non-academic personnel of public schools, and
parents-teachers-community associations;
(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading
teachers’/learning facilitators’ competencies, improving and expanding school facilities
and providing instructional materials and equipment. Such donations or grants must be
reported to the appropriate district supervisors and division superintendents; and

(12) Performing such other functions as may be assigned by proper authorities.

The Secretary of Education shall create a promotions board, at the appropriate levels,
which shall formulate and implement a system of promotion for schools division
supervisors, schools district supervisors, and school heads. Promotion of school heads
shall be based on educational qualification, merit and performance rather than on the
number of teachers/learning facilitators and learners in the school.

The qualifications, salary grade, status of employment and welfare and benefits of school
heads shall be the same for public elementary, secondary and integrated schools.

No appointment to the positions of regional directors, assistant regional directors, schools

division superintendents and assistant schools division superintendents shall be made
unless the appointee is a career executive service officer who preferably shall have risen
from the ranks.

CHAPTER 2

Transfer of Cultural Agencies

Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino, National Historical

Institute, Record Management and Archives Office and the National Library shall now be
administratively attached to the National Commission for Culture and the Arts (NCCA)
and no longer with the Department of Education. The program for school arts and culture
shall remain part of the school curriculum.

CHAPTER 3

Abolition of the Bureau of Physical Education and School Sports

Sec. 9. Abolition of BPESS. – All functions, programs and activities of the Department of
Education related to sports competition shall be transferred to the Philippine Sports
Commission (PSC). The program for school sports and physical fitness shall remain part
of the basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The
personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the
PSC without loss of rank, including the plantilla positions they occupy. All other BPESS
personnel shall be retained by the Department.

CHAPTER 4
 Support and Assistance of Other Government Agencies

Sec. 10. The Secretary of Education and the Secretary of Budget and Management shall,
within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on
the allocation, distribution and utilization of resources provided by the national
government for the field offices, taking into consideration the uniqueness of the working
conditions of the teaching service.

The Secretary of the Department of Education shall ensure that resources appropriated
for the field offices are adequate and that resources for school personnel, school desks
and textbooks and other instructional materials intended are allocated directly and
released immediately by the Department of Budget and Management to said offices.

Sec. 11. The Secretary of the Department of Education, subject to civil service laws and
regulations, shall issue appropriate personnel policy rules and regulations that will best
meet the requirements of the teaching profession taking into consideration the
uniqueness of the working conditions of the teaching service.

Sec. 12. The Commission on Audit, in the issuance of audit rules and regulations that will
govern the utilization of all resources as well as the liquidation, recording and reporting
thereof, shall take into account the different characteristics and distinct features of the
department’s field offices, its organizational set-up as well as the nature of the operations
of schools and learning centers.